Carmony

Defendant Harold Carmony appeals from an order committing him to the custody of the State Department of Mental Health for two years after the court found true the allegation he was a sexually violent predator (SVP) within the meaning of the Sexually Violent Predators Act (SVPA) (Welf. & Inst. Code, § 6600 et seq.).

Defendant raises numerous claims of error. In the published part of this opinion, we reject defendant’s contentions that (1) the 1982 finding he was not a mentally disordered sex offender (MDSO) bars relitigation of the issue of his mental health in SVPA proceedings; and (2) he was denied due process by lack of notice and assistance of counsel during evaluations conducted by two psychologists prior to filing the petition to commit him as an SVP. In the unpublished part of our opinion, we reject his other arguments. Thus, we affirm the order.

Factual and Procedural Background

Defendant was convicted on March 26, 1982, of various sexual offenses, including multiple violations of Penal Code section 288a, a sexually violent, predatory offense within the meaning of sections 6600, subdivision (b), and 6600.1. Defendant’s victims were four adolescent boys, aged 11,…